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| [ Introduced ] | [ House Amendment 001 ] |
91_HB0530eng HB0530 Engrossed LRB9100323DHmgA 1 AN ACT relating to political solicitations and 2 contributions, amending certain Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Election Code is amended by adding 6 Section 9-25.2 as follows: 7 (10 ILCS 5/9-25.2 new) 8 Sec. 9-25.2. Contributions; Candidate or treasurer of 9 Political Committee. 10 (a) No candidate may knowingly receive any contribution 11 solicited or received in violation of Section 33-3.1 of the 12 Criminal Code of 1961. 13 (b) The receipt of political contributions in violation 14 of this Section shall constitute a Class A misdemeanor. 15 The appropriate State's Attorney or the Attorney General 16 shall bring actions in the name of the people of the State of 17 Illinois. 18 (c) Any contribution solicited in violation of Section 19 33-3.1 of the Criminal Code of 1961 shall escheat to the 20 State of Illinois. Any candidate or political committee that 21 receives a contribution prohibited by this Section shall 22 forward it immediately to the State Treasurer. 23 Section 10. The Criminal Code of 1961 is amended by 24 adding Section 33-3.1 as follows: 25 (720 ILCS 5/33-3.1 new) 26 Sec. 33-3.1. Inspector Campaign Contribution 27 Solicitation Ban; solicitation misconduct. 28 (a) A public employee commits solicitation misconduct 29 when he or she solicits or receives contributions, as that HB0530 Engrossed -2- LRB9100323DHmgA 1 term is defined in Section 9-1.4 of the Election Code, on 2 behalf of a candidate or political committee from a person 3 engaged in a business or activity the public employee has 4 responsibility as part of his or her official duties to 5 investigate or inspect, and enforce, regulatory measures 6 necessary to the requirements of a State or federal statute 7 or regulation. 8 (b) A public employee convicted of committing 9 solicitation misconduct forfeits his or her employment. In 10 addition, he or she commits a Class A misdemeanor. 11 (c) All State agencies, as that term is defined in the 12 Illinois State Auditing Act, shall designate by filing a list 13 with the Secretary of State indicating the names and titles 14 of the public employees whose duties include investigating or 15 inspecting, and enforcing, regulatory measures necessary to 16 the requirements of any State or federal statute or 17 regulation. A public employee, including those not 18 designated under this Section, may be found in violation of 19 this Section upon a showing that he or she acted in concert 20 with a public employee whose duty includes investigating or 21 inspecting, and enforcing, regulatory measures necessary to 22 the requirements of a State or federal statute or regulation 23 to solicit or receive contributions in violation of this 24 Section. Designation under this Section does not constitute 25 a presumption that an employee not so designated is outside 26 the scope of this Section. 27 (d) An employee of a State agency who is discharged, 28 demoted, suspended, threatened, harassed, or in any other 29 manner discriminated against in the terms and conditions of 30 employment by a State agency because of lawful acts done by 31 the employee or on behalf of the employee or others in 32 furtherance of the enforcement of this Section shall be 33 entitled to all relief necessary to make the employee whole. 34 The employee's relief shall include reinstatement with the HB0530 Engrossed -3- LRB9100323DHmgA 1 seniority status the employee would have had but for the 2 discrimination, 2 times the amount of the employee's back 3 pay, interest on the back pay, and compensation for any 4 special damages sustained as a result of the discrimination, 5 including litigation costs and reasonable attorney's fees. 6 An employee may bring an action for relief under this 7 subsection (d) in the appropriate circuit court. 8 (e) The Department of State Police shall establish a 9 toll-free number to allow employees of State agencies and 10 other individuals and businesses to register complaints 11 regarding possible violations of this Section. All 12 information provided to the State Police regarding possible 13 violations of this Section shall remain confidential. 14 (f) Any person who knowingly makes a false report of 15 solicitation misconduct to the State Police, the Attorney 16 General, a State's Attorney, or any law enforcement official 17 shall be guilty of a Class C misdemeanor. 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.